G-03-04-24-13D2 - 4/24/2003ORDINANCE NO. g 03- O q-olq-/31)
AN ORDINANCE AMENDING CHAPTER 5, CODE OF ORDINANCES
(1995 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING A
NEW SECTION 5.103, "FIRE LANES", PROVIDING FOR
AMENDMENTS TO THE INERNATIONAL FIRE CODE REGULATING
FIRE LANES WITHIN THE CITY LIMITS OF THE CITY OF ROUND
ROCK; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, a Texas home -rule municipality may adopt ordinances
that are for the good government, peace, or order of the
municipality;
WHEREAS, a Texas home -rule municipality may adopt ordinances
to protect the health, safety, and welfare of its citizens and the
community;
WHEREAS, the adoption of this ordinance is intended to
enhance the fire safety of the citizens of the City of Round Rock;
Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
That Chapter 5 of the Code of Ordinances (1995 Edition), City
of Round Rock, Texas, is hereby amended by adding a new subsection,
to be numbered subsection 5.103, which said subsection shall read
as follows:
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5.103 FIRE LANES
Whenever any provision regarding the regulation of fire lanes contained in the most recent edition
of the International Fire Code adopted by the City are in conflict with the provisions of this
subsection, the provisions of this subsection shall govern.
(1) (a) The owner, manager, or person in charge of any building or property for which
fire lanes have been approved or required by the Fire Marshal or his authorized
representative shall mark and maintain said fire lanes as provided below.
(b) All curbs and curb ends shall be painted red with four inch (4") white lettering
stating "NO PARKING - FIRE LANE", "FIRE LANE - TOW AWAY ZONE",
or similar wording. Wording may not be spaced more than thirty feet (30') apart.
(c) In areas where fire lanes are required but no continuous curb is available, one of
the following methods shall be used, in conjunction with the curb markings, to
indicate that the fire lane is continuous:
(i) Option #1: Signs twelve inches (12") wide and eighteen inches (18") in
height with red lettering on a white background stating "NO PARKING -
FIRE LANE", "FIRE LANE - TOW AWAY ZONE", or similar wording
shall be mounted conspicuously along the edge of the fire lane. Signs may
be spaced no more than sixty feet (60') apart and the lettering shall be at
least 3/8" stroke; or
(ii) Option #2: From the point the fire lane begins to the point the fire lane
ends, including behind all parking spaces which adjoin a fire lane, shall
be marked with one continuous red stripe having a minimum width of at
least four inches (4") painted on the drive surface behind the parking
spaces. All curbing adjoining a fire lane must be painted red. Red stripes
and curbs will contain the wording "NO PARKING -FIRE LANE", "FIRE
LANE - TOW AWAY ZONE", or similar wording painted in four inch
(4") white letters. Wording may not be spaced more than thirty feet (30')
apart.
(2) It shall be unlawful for any person to attempt to or to in fact alter, destroy, deface, injure,
knock down, or remove any sign designating a fire lane required by the terms of this
Code.
(3) It shall be unlawful for any owner, manager, or person in charge of any premises to
abandon or close a required fire lane without written permission of the Fire Marshal.
(4) (a) It shall be unlawful for any person to park, place, allow, permit, or cause to be
parked, placed, or remain unattended, any non -emergency motor vehicle, trailer,
boat or similar obstruction within or upon an area designated as a fire lane and
marked by an appropriate sign or curb marking. There shall be a rebuttable
presumption that the registered owner of any such motor vehicle, trailer, boat, or
similar obstruction parked or unoccupied within an area designated as a fire lane
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or in such a manner as to obstruct in whole or in part any such fire lane is the
person that parked, placed, or permitted to be parked or placed the motor vehicle,
trailer, boat, or similar obstruction in such a manner.
(b) The records of the Texas Department of Transportation or appropriate county
office showing the name of the registered owner of the motor vehicle, boat or
trailer or the person to whom the boat or trailer license is issued shall constitute
prima facie evidence of ownership by the named person.
(5) Any non -emergency motor vehicle, trailer, boat, or similar obstruction found parked or
unoccupied within an area designated as a fire lane as required by this section is hereby
declared a nuisance per se.
(6) The Fire Marshal shall have power to modify any of the provisions of this subsection upon
application in writing by the owner or lessee, or his duly authorized agent, when there are
practical difficulties in the way of carrying out the strict letter of this subsection; provided
that the spirit of this subsection shall be observed, public safety secured, and substantial
justice done. The particulars of such modifications when granted or allowed and the
decision of the Fire Marshal thereon shall be entered upon the records of the department
and a signed copy shall be furnished the applicant.
(7) (a) The Fire Marshal or any member of the Fire Department designated by the Fire
Marshal, the Chief of Police, or any member of the Police Department designated
by the Chief of Police are hereby authorized to issue parking citations for any
motor vehicle, trailer, boat, or similar obstruction found parked or unattended in
or upon a designated fire lane and may have such obstruction removed by towing
it away. Such vehicle or obstruction may be redeemed by payment of the towage
and storage charges at the owner's expense.
(b) No parking citations shall be voided nor shall the violator be relieved of any
penalty assessed by a judge of the Municipal Court for any provision by the
redemption of the obstruction from the storage facility.
(8) Any person who shall violate any of the provisions of this subsection or fail to comply
herewith, or who shall violate or fail to comply with any order made thereunder, or who
shall build in violation of any detailed statement of specifications or plans submitted and
approved thereunder, or any certificate or permit issued thereunder, and from which no
appeal has been taken, or who shall fail to comply with such an order as affirmed or
modified by the City, shall severally for each and every violation and noncompliance
respectively be guilty of a misdemeanor.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
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B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this Ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 2003.
Alternative 2.
READ and APPROVED on first reading this the ' day
, 2003.
READ, APPROVED and ADOPTED on second reading this the
gi4 "' day of , 2003.
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A
EST:
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Sec tary
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DATE: April 18, 2003
SUBJECT: City Council Meeting — April 24, 2003
ITEM: *13.D.2. Consider an ordinance amending Chapter 5 of the Round Rock
Code of Ordinances (1995 Edition), adding subsection 5.103,
regulating fire lanes. (Second Reading)
Resource: Lynn Bizzell, Fire Chief
History: After the City Council adopted the 2000 International Fire Code, it repealed City
Ordinance No. G -94-10-27-9A that specified the way the fire lanes are laid out
and marked. The International Fire Code in Section 503, Fire Apparatus Access
roads, subsection 503.03, Marking, does not specify how to mark or the lay out of
the fire lanes. This ordinance will describe how the fire lanes will be marked as it
was in the previous ordinance.
Funding:
Cost: Will not increase current cost.
Outside Resources: N/A
Impact/Benefit: Fire lanes will be laid out and marked correctly.
Public Comment: N/A
Sponsor: N/A